AN ACT to amend and reenact §61-7-6 and §61-7-6a of the Code of
West Virginia, 1931, as amended, all relating to exemptions
and exceptions for West Virginia conceal and carry handgun
license requirements; allowing a resident of another state to
carry a handgun in West Virginia if the nonresident person
holds a valid permit or license to possess or carry a handgun
from another state when certain conditions are met;
establishing a precondition that West Virginia residents with
a West Virginia-issued conceal and carry permit must be
authorized to carry a concealed handgun in that other state;
removing or modifying other concealed handgun reciprocity
requirements; prescribing methods of verification of
reciprocal conceal and carry handgun rights between West
Virginia and another state; clarifying or modifying
reciprocity requirements and responsibilities of the Attorney
General and the State Police; exempting judicial officers,
magistrates, prosecutors, assistant prosecutors and
investigators employed by prosecutors staff from paying
handgun conceal and carry license fees when applying for a
conceal and carry permit in this state; requiring the judicial
officers, magistrates, prosecutors, assistant prosecutors and
investigators employed by prosecutors to satisfy all other
licensing requirements and possess a conceal and carry license
before carrying a concealed handgun in this state on and after
July 1, 2013; removing exemption from remaining conceal and
carry licensing requirements for judicial officers,
prosecutors and prosecutor investigators as of July 1, 2013;
and amending provisions of bill consistent with other
legislative action.

Be it enacted by the Legislature of West Virginia:

That §61-7-6 and §61-7-6a of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:

ARTICLE 7. DANGEROUS WEAPONS.

§61-7-6. Exceptions as to prohibitions against carrying concealed
handguns; exemptions from licensing fees.

(a) The licensure provisions set forth in this article do not
apply to:

(1) Any person:

(A) Carrying a deadly weapon upon his or her own premises;

(B) Carrying a firearm, unloaded, from the place of purchase
to his or her home, residence or place of business or to a place of
repair and back to his or her home, residence or place of business;
or

(C) Possessing a firearm while hunting in a lawful manner or
while traveling from his or her home, residence or place of
business to a hunting site and returning to his or her home,
residence or place of business;

(2) Any person who is a member of a properly organized
target-shooting club authorized by law to obtain firearms by
purchase or requisition from this state or from the United States
for the purpose of target practice from carrying any pistol, as
defined in this article, unloaded, from his or her home, residence
or place of business to a place of target practice and from any
place of target practice back to his or her home, residence or
place of business, for using any such weapon at a place of target
practice in training and improving his or her skill in the use of
the weapons;

(3) Any law-enforcement officer or law-enforcement official as
defined in section one, article twenty-nine, chapter thirty of this
code;

(4) Any employee of the West Virginia Division of Corrections
duly appointed pursuant to the provisions of section eleven-c,
article one, chapter twenty-five of this code while the employee is
on duty;

(5) Any member of the armed forces of the United States or the
militia of this state while the member is on duty;

(6) Any resident of another state who holds a valid permit or
license to possess or carry a handgun issued by a state or a
political subdivision subject to the provisions and limitations set
forth in section six-a of this article;

(7) Any federal law-enforcement officer or federal police
officer authorized to carry a weapon in the performance of the
officer’s duty;

(8) Any Hatfield-McCoy Regional Recreation Authority Ranger
while the ranger is on duty; and

(9) Any parole officer appointed pursuant to section fourteen,
article twelve, chapter sixty-two of this code in the performance
of their duties.

(b) On and after July 1, 2013, the following judicial officers
and prosecutors and staff shall be exempted from paying any
application fees or licensure fees required under this article.
However, on and after that same date, they shall be required to
make application and satisfy all licensure and handgun safety and
training requirements set forth in section four of this article
before carrying a concealed handgun in this state:

(1) Any justice of the Supreme Court of Appeals of West
Virginia;

(2) Any circuit judge;

(3) Any retired justice or retired circuit judge designated
senior status by the Supreme Court of Appeals of West Virginia;

(4) Any family court judge;

(5) Any magistrate;

(6) Any prosecuting attorney;

(7) Any assistant prosecuting attorney; or

(8) Any duly appointed investigator employed by a prosecuting
attorney.

(a) A valid out-of-state permit or license to possess or carry
a handgun is valid in this state for the carrying of a concealed
handgun, if the following conditions are met:

(1) The permit or license holder is twenty-one years of age or
older;

(2) The permit or license is in his or her immediate
possession;

(3) The permit or license holder is not a resident of the
State of West Virginia; and

(4) The Attorney General has been notified by the Governor of
the other state that the other state allows residents of West
Virginia who are licensed in West Virginia to carry a concealed
handgun to carry a concealed handgun in that state or the Attorney
General has entered into a written reciprocity agreement with the
appropriate official of the other state whereby the state agrees to
honor West Virginia concealed handgun licenses in return for same
treatment in this state.

(b) A holder of a valid permit or license from another state
who is authorized to carry a concealed handgun in this state
pursuant to provisions of this section is subject to the same laws
and restrictions with respect to carrying a concealed handgun as a
resident of West Virginia who is so permitted and must carry the
concealed handgun in compliance with the laws of this state.

(c) A license or permit from another state is not valid in
this state if the holder is or becomes prohibited by law from
possessing a firearm.

(d) The West Virginia Attorney General shall seek to obtain
recognition of West Virginia concealed handgun licenses and enter
into and execute reciprocity agreements on behalf of the State of
West Virginia with states for the recognition
of concealed handgun permits issued pursuant to this article.(e) The West Virginia State Police shall maintain a registry
of states with which the State of West Virginia has entered into
reciprocity agreements or which recognize West Virginia concealed
handgun licenses on the criminal information network and make the
registry available to law-enforcement officers for investigative
purposes.

(f) Every twelve months after the effective date of this
section, the West Virginia Attorney General shall make written
inquiry of the concealed handgun licensing or permitting
authorities in each other state as to: (i) Whether a West Virginia
resident may carry a concealed handgun in their state based upon
having a valid West Virginia concealed handgun permit; and (ii)
whether a West Virginia resident may carry a concealed handgun in
that state based upon having a valid West Virginia concealed
handgun permit, pursuant to the laws of that state or by the
execution of a valid reciprocity agreement between the states.

(g) The West Virginia State Police shall make available to the
public a list of states which have entered into reciprocity
agreements with the State of West Virginia or that allow residents
of West Virginia who are licensed in West Virginia to carry a
concealed handgun to carry a concealed handgun in that state.